The URL can be used to link to this page

Home My WebLink About4.0 Resolution 2010-27.pdf1111 ~'11". m11'i.\il'll. (IIIII'W1. ~rr,t:l~~~~~'.l-lll. ~·~ 11111 F'.ecept1onff: 785542 05/03/2~10 04:39:00 PM Jean Alberico 1 of 5 Rec Fee $0.00 Doc Fee:O.OO GRRFIELO COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of Cotmty Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 5111 day of April A.D. 2010, there were present: ,.,Jo"'hn~M.,....art,_,m"'· '----------------~ Commissioner Chairman :"-T'::re:"s'-'-i ':'H,ou,.p.,.t~------------~· Commissioner ;,.M"-ik.,e"-S"'am"":"s"o'C'n'---------------~ Commissioner ,.D,..e"bo.,rah'-""._,Q~u.,in,n'-------------~' Assistant County Attorney =Je"'an"="Al"'""be"'n"'·c,o,__...,-----------~ Clerk of the Board ""Ed"-"Gr,_,_ee=n,_,(.,.,ab,se~nt,_,) ___________ ~, County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 2 01 o-2 7 A RESOLUTION OF AI'PROV AL FOR A LAND USE CHANGE PERMIT FOR A FRESH-WATER IMPOUNDMENT ON 6.39-ACRES WITHIN A 2,130-ACRE PARCEL OF LAND OWNED BY THE RICHARD AND MARY JOLLEY FAMILY LLLP AND LOCATED ON THE SOUTH SIDE OF COUNTY ROAD 335 BETWEEN GARFIELD CREEK AND DIVIDE CREEK, GARFIELD COUNTY PARCEL NO# 2181-172-00-086 AND 2181-163-00-085 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received a request for a Land Use Change Permit to allow for construction and operation of a Water Impoundment to be generally located as shown in Exhibit A . B. The Water Impoundment is on 6.39-acres within a 2,130-acre pareel ofland owned by Richard and Mary Jolley Family LLLP and described in a Special Warranty Deed recorded at Reception Number 486892 and as Corrected by Special Warranty Deeds recorded in Book 1558 at Page 960 and at Book 1558 at Page 962, Reception Number 645994 in the office of the Garfield County Clerk and Recorder. C. The subject property is contained within unincorporated Garfield County in the Rural zone district and located south of County Road 335 southwest of the Town ofNew Castle. D. A Water Impoundment requires a Land Use Change Penni! through a Limited Impact 1 Ill\ W.1. f:l!ll'i,\II'!UW' N!".\ll(.~~lfr-.'llll•t I!Vl ~~~~ IIIII Reception": 785542 05/03/2010 04:39:00 PM Jean Alberico 2 of 5 Rec Fee:$0.00 Doc Fee:0.00 G~RFIELD COUNTY CO Review in the Rural Zone District of Garfield County. E. The Board is authorized to approve, deny or approve with conditions a Land Usc Change Permit pursuant to the Unified Land Use Resolution of2008, as amended. F. The Board of County Commissioners opened a public hearing on the 5th day of April, 2010 for consideration of whether the proposed Land Use Change Permit should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request H. The Board of County Commissioners closed the public hearing on the 5th day of April, 20 I 0 to make a final decision. L The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations offact: I. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the proposed Land Use Change Permit for a Water Impoundment on 6.)9-acres within a 2,130-acre parcel in the Rural zone district is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County if recommended conditions of approval are adopted. 4. That, with the adoption of recommended conditions, the application has adequately met the requirements of the Garfield County Unified Land Use Resolution of2008, as amended. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A The forgoing Recitals are incorporated by this reference as part of the resolution. B. The Land Use Change Permit for a Water Impoundment through a Limited Impact Review is hereby approved subject to compliance with the following conditions: I. That all representations made by the Applicant in the application and at the public 2 lllllllf,j,l~lfW,\Mjl.lll'~ '"~·ln""l;lf'J;~III·~· ,Ill'~ IIIII Receptionij: 785542 05/0312010 04:39:00 PM Jean Alberico 3 of 5 Rec Fee:$0.00 Ooo Fee:0.00 GARFIELD COUNTY CO hearing before the Board of Colllty Commissioners, shall be conditions of approval unless specifically altered by the Board of County Commissioners. 2. The water impoW1dment shall comply with all federal, state and local requirements including laws, permits and standards. 3. The Jolley Land Use Change Permit permits a water impoundment for fresh water only. No accessory uses are permitted for this site, other than maintenance-related activities for the pond and the pipeline that connects the pond with the pump station. In particular, no storage of equipment, vehicles or fuel is included in this approval. 4. The revegetation process shall be initiated within 60 days if use of the fresh-water impoundment facility ceases. Revegetation shall meet the requirements of Sections 4.06, 4.07 and 4.08 of the Garfield County Weed Management Plan (Resolution 2002-94) or the site reclamation standards in place at the time of the use cessation, whichever is more stringent. Should the property owner continue the use for agricultural purposes after cessation of the use for Oil & Gas activities the property owner may request release of the bond. 5. Prior to issuance of the Land Use Change Permit the Applicant shall provide security for revegetation in the amount of $15,975 for 6.39 acres of disturbed area associated with the water impoundment ($2,500 per acre). 6. Prior to issuance of the Land Use Change Permit the Applicant shall treat the noxious weeds on the site and provide treatment records to Vegetation Management to determine compliance with the weed management plan. 7. Prior to issuance of the Land Use Change Permit the Applicant shall comply with mitigation measures recommended in the Wildlife and Sensitive Areas Report prepared by WestWater Engineering and by the Colorado Division of Wildlife to avoid wildlife entrapment in the impoundment: a. An eight-foot (8') fence shall be constructed around the pond to prevent wildlife access. If gates in the fence are needed for access to the pond, they shall also be eight foot (8') in height. b. Wildlife escape ramps shall be installed aro\illd the impoundment. 8. Prior to issuance of the Land Use Change Permit the Applicant shall be required to obtain a building permit for the fencing around the impoundment. 9. Prior to issuance of the Land Use Change Permit the Applicant shall be required to obtain a grading permit for the constructed water impoundment paying double the grading permit fee due to permitting of the activity after the fact. 3 1111 Mf• r~,jq,\N\1.~ Nl~ ~ll:~~~lii:MoT.I.W ~·~ IIIII Reception»: 785542 05/~3/2010 04:39:00 PM Jean ~lberico 4 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO .A!} Dated this L day of--'-I'YL---"'?4=t---~-A.D. 20J.Q__. AlTEST: GARFIELD BOARD OF GARFIELD of the Board Upon motion duly made and seconded the for·~HnJr-:R following vote: ,C,O,..MM""""I""S""SI.,O"'NE~R"'C"'HAIR'-".-'"-"'-'J'-'O"'HN""--'-"-'F . .._.MAR=>.,TIN"'--"-'---------~· Aye ,C~O~MM~l~SS~I~O~NE~R 2TRE~·~sr~H~O~U~P~T~-------------~Aye "'c~o~MM~r~ss~r~o~NE~·.,R~MITKE~~s~AM~s~o~N~-------------~Aye STATE OF COLORADO ) )ss County of Garfield ) I, County Clerk and ex -officio Clerk of the Board of Cmmty Commissioners, in and for the County and State aforesaid, do hereby certify that the armexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this __ day of A.D. 20 __ . County Clerk and ex-officio Clerk of the Board of County Commissioners 4 "'·--~... . .. --...... ~' -..... --. PROPOSED 8" WATER PIPELINE SlTCIATED IN THE E f/2 OF SECTION 8 .J...N.D THE SE f/4 OF SECTION 5 IN TDr'fNSHfP S SO riTE, .RANCE 8 t WEST OF THE f!TH PM, IN THE COUNTY OF CJ.RFIELD. STATE OF COLORADO VICINITY MI.P AND SHEET INDEX .... ~,. ...... ""''"~·:: .. ~~\':r;;Cr 1'/IS,.,U.Z~ l'fli!..• ON0/1 :IIIZ/IIn' I'Lirr/IZ'A.~ ~1lllolc:'TION t\1~-. INC. Plilll~ ...... VP. au.'!, c:o 1\aJol l,G1··~·51W '"' U'IQ;;al 0 ~~ = .... eg ,:; ~--. ~~· ~~""'"'" C'l og I "Tlo:tt= !»~··- ~w..J~ ~IDOJ= . QUI,!!: go~-; o~"';;: g ...; ~ "-~~ ' OD !! Otr ::0 00 , :i ~·· no " ~0 ~ ~ m r IF 0 :! n 0 • c Oi z ~ ~ =' n "' 0 .: ~ = 1>